RULEMAKINGS

R07-19

In the Matter of : Section 27 Proposed Rules for Nitrogen Oxide

(NOx) Emissions From Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm.

Code Parts 211 and 217 – The Board adopted a first notice

opinion and order to amend the Board’s air pollution control

regulations.

4-0

Air

R09-8

In the Matter of: Proposed Site Specific Rule for City of

Springfield, Illinois, Office of Public Utilities, City Water, Light

and Power and Springfield Metro Sanitary District From 35 Ill.

Adm. Code Section 302.208(g) – The Board accepted for hearing

the petitioners’ August 29, 2008 proposal to amend the Board’s

water pollution control regulations. The Board also granted the

motions to waive signature requirement and for expedited

consideration, directing first notice publication of the proposal in

the Illinois Register without comment on its merits.

4-0

Water

R09-9

In the Matter of: Proposed Amendments to Tiered Approach to

Corrective Action Objectives (35 Ill. Adm. Code 742) – The

Board accepted for hearing the Illinois Environmental Protection

Agency’s September 3, 2008 proposal to amend the Board’s land

pollution control regulations. The Board also granted the motion

for relief from the requirement to file copies of material proposed

to be incorporated by reference.

4-0

Land

A

DJUSTED STANDARDS

AS 09-1

In the Matter of: Petition of Ameren Energy Generating

Company for Adjusted Standards from 35 Il. Adm. Code Parts

811, 814, and 815 (Hutsonville Power Station) – The Board

accepted for hearing this petition for an adjusted standard

seeking relief from the Board’s solid waste landfill regulations.

The Board directed the parties to address whether adjusted

standard relief is appropriate within 30 days. The Board also

stayed the deadline by which the Illinois Environmental

Protection Agency is to file its recommendation.

4-0

Land

2

---

A

DMINISTRATIVE CITATIONS

AC 08-34

IEPA v. Joseph Combs

– The Board dismissed this matter due to

complainant’s failure to file with the Board proof of service on

respondent.

4-0

AC 08-35

IEPA v. George R. Ford – The Board dismissed this matter due

to complainant’s failure to file with the Board proof of service on

respondent.

4-0

AC 08-36

IEPA v. Charles F. Kinsel – The Board dismissed this matter due

to complainant’s failure to file with the Board proof of service on

respondent.

4-0

AC 08-37

IEPA v. Nancy Koltzenburg d/b/a K & N Excavating and Rentals

– The Board dismissed this matter due to complainant’s failure to

file with the Board proof of service on respondent.

4-0

AC 09-4

County of Jackson v. Lester Johnson and Arthur Cross – The

Board accepted for hearing respondents’ amended petitions for

review of this administrative citation involving a Jackson County

facility.

4-0

AC 09-6

IEPA v. Euwell & Phyllis Beers and Jeremy Beers – No action

taken.

AC 09-8

County of Jackson v. Dan Kimmel – The Board accepted for

hearing respondent’s petition for review of this administrative

citation involving a Jackson County facility.

4-0

AC 09-9

County of Jackson v. Alvin Valdez and Ruben J. Valdez

– The

Board ordered respondents to file an amended petition for review

in this administrative citation involving a Jackson County

facility, on or before October 16, 2008, or the petition for review

would be subject to dismissal.

4-0

AC 09-13

IEPA v. Billy Hammond, Sr. – The Board accepted an

administrative citation against this Franklin County respondent.

AC 09-14

IEPA v. Reynolds Service Co.–

The Board accepted an

administrative citation against this Union County respondent.

3

---

A

DJUDICATORY CASES

PCB 04-102

Emerald Performance Materials, L.L.C. (as purchaser of Noveon,

Inc.) v. IEPA – No action taken.

P-A,

Air

PCB 05-35

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – No action taken.

P-A,

Air

PCB 05-199

People of the State of Illinois v. Champion Environmental

Services, Inc., a Wisconsin corporation – No action taken.

A-E

PCB 06-171

American Bottom Conservancy v. Illinois Environmental

Protection Agency and United States Steel Corporation - Granite

City Works – Consistent with the September 5, 2008 remanding

order of the Appellate Court, Fifth District following its July 22,

2008 decision vacating the Board’s final order, the Board directed

that the hearing officer schedule a telephone status conference

with the parties to set deadlines for the filing of legal briefs.

4-0

P-A,

NPDES

3

rd

Party

PCB 07-42

People of the State of Illinois v. Environmental Reclamation

Company – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the

hearing requirement in this land enforcement action involving a

Coles County facility, the Board ordered publication of the

required newspaper notice.

4-0

L-E

PCB 07-43

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – No action taken.

P-A,

Air

PCB 07-44

Indian Creek Development Company, an Illinois partnership,

individually as beneficiary under trust 3291 of the Chicago Title

and Trust Company dated December 15, 1981 and the Chicago

Title and Trust Company, as trustee under trust 3291, dated

December 15, 1981 v. The Burlington Northern Santa Fe Railway

Company, a Delaware company – No action taken.

Citizens

L, W-E

PCB 07-45

People of the State of Illinois v. General Waste Services, Inc.,

–

No action taken.

A-E

4

---

PCB 07-46

People of the State of Illinois v. D & L. Disposal, L.L.C., a

Delaware corporation – Upon receipt of a proposed stipulation

and settlement agreement and an agreed motion to request relief

from the hearing requirement in this land enforcement action

involving a Bond County facility, the Board ordered publication

of the required newspaper notice.

4-0

L-E

PCB 07-63

PMA & Associates, Inc. v. IEPA – No action taken.

UST Appeal

PCB 07-96

Kyle Nash v. Karen Sokolowski – No action taken.

Citizens

N-E

PCB 07-97

Kyle Nash v. Louis Jimenez – No action taken.

Citizens

N-E

PCB 08-16

Dalee Oil Company v. IEPA

–

The Board granted this Madison

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST Appeal

PCB 08-30

Caseyville Sport Choice, LLC, an Illinois Limited Liability

Company v. Erma I. Seiber, Administratrix of the Estate of James

A. Seiber, Deceased, and Erma I. Seiber in her individual

capacity – No action taken.

L-E

PCB 08-31

Nokomis Oil Company v. IEPA

–

The Board granted this

Montgomery County facility’s motion for voluntary dismissal of

this underground storage tank appeal.

4-0

UST Appeal

PCB 08-95

United City of Yorkville v. IEPA and Hamman Farms – No

action taken.

P-A, Land

Third Party

PCB 08-96

United City of Yorkville v. Hamman Farms – No action taken.

Citizens

A, L, W-E

PCB 09-1

Archer Daniels Midland Company, Quincy v. IEPA

–

Having

previously granted a request for a 90-day extension, the Board

dismissed this matter because no permit appeal was filed on

behalf of this facility located in Adams County.

4-0

P-A,

NPDES

PCB 09-7

Streator Petrol Pump v. IEPA

–

The Board granted this La Salle

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST Appeal

5

---

PCB 09-10

Joseph & Victoria Morrissey v. Geoff Pahlos, Alpine Automotive

– The Board found that the alleged violations were neither

duplicative nor frivolous and accepted for hearing this citizen

complaint involving a Lake County site.

Citizens

N-E

PCB 09-12

Dennis Biddle - Seaton (Property ID Num 14-14-22-300-005) v.

IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that

petitioner’s specified facilities, located in Mercer County, are

pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

(2006)).

4-0

T-C, W

PCB 09-13

People of the State of Illinois v. Behr Iron & Steel, Inc., an

Illinois Corporation – Upon receipt of a proposed stipulation and

settlement agreements and agreed motions to request relief from

the hearing requirement in this air enforcement action involving a

Winnebago County facility, the Board ordered publication of the

required newspaper notice.

4-0

A-E

PCB 09-14

People of the State of Illinois v. Behr Aluminum, Inc., an Illinois

Corporation – Upon receipt of a proposed stipulation and

settlement agreements and agreed motions to request relief from

the hearing requirement in this air enforcement action involving a

Winnebago County facility, the Board ordered publication of the

required newspaper notice.

4-0

A-E

PCB 09-15

Lafever Farms-Joy (Property Identification Number 01-02-12-

200-004) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that petitioner’s specified facilities, located in Mercer

County, are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2006)).

4-0

T-C, W

PCB 09-16

People of the State of Illinois v. Myers Industries, Inc. – The

Board accepted for hearing this land and noise enforcement

action involving a site located in Logan County.

4-0

L, N-E

C

ASES PENDING DECISION

6

---

OTHER ITEMS

The Board granted the Chairman’s motion to change the 11:00 am

Thursday, October 16, 2008 Board Meeting from one held in

Springfield, to a videoconference meeting at 11:00 am (at the

James R. Thompson Center, 100 W. Randolph, Room 11-512,

Chicago, IL and 1021 N. Grand Avenue East, Conference Room

1244, First Floor, Springfield, Il.).

4-0

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 3:28 pm

.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board approved the above minutes on September 30, 2008, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

7